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Gummy Bear Battle Settled, Haribo And Lindt Fight Over Product Name

By O'Jay Burgess on Dec 18, 2012 03:32 PM EST

In the Gummy Bears war, Germany bested Switzerland to win naming rights.

A court in Cologne, Germany ruled in favor of Germany's Haribo GmbH on Tuesday saying that Switzerland's Lindt & Spruengli AG violated its trademark on the "Goldbaer" or "Gold Bear" gummy bear name. It banned the further sale of Lindt's gold-foil wrapped chocolate bear according to Yahoo News

The Swiss company who makes a product called the "Lindt Teddy," consumers would naturally refer to it as "Gold Bear" because of its packaging according to Yahoo.

The Haribo packaging sports a golden cartoon bear with a ribbon on its neck while the Lindt product features a bear caricature printed on gold foil, with an actual red ribbon wrapped around the neck of a real chocolate bear 

Haribo is arguing that when the two products are placed side by side will confuse consumers due to the color of the packaging. 

According to Yahoo, Lindt argued there were enough differences to avoid confusion, adding that the packaging is in line with its gold bunny sold around Easter. It also said Haribo gummy bears are so well known by German consumers that they were not likely to confuse them with anything else. 

Yahoo also reported that it was not clear whether the decision would be appealed.

The Bonn-based Haribo is well known in the United States and is a favorite among consumers. Lindt who is less known in United States is known for its premier chocolates and truffles.

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